S. 3476 2
STOVES. FOR PURPOSES OF THIS SUBDIVISION, INSTALLATION SHALL ALSO
INCLUDE BRINGING ELIGIBLE HOUSING INTO A STATE OF GOOD REPAIR. A MULTI-
FAMILY BUILDING SHALL BE CONSIDERED LOW-INCOME IF AT LEAST FIFTY PERCENT
OF THE HOUSEHOLDS WITHIN SUCH BUILDING HAVE INCOMES LESS THAN SIXTY
PERCENT OF AREA MEDIUM INCOME. A MULTIFAMILY BUILDING SHALL BE CONSID-
ERED MEDIUM-INCOME IF AT LEAST FIFTY PERCENT OF HOUSEHOLDS WITHIN SUCH
BUILDING HAVE INCOMES BETWEEN SIXTY PERCENT AND ONE HUNDRED TWENTY
PERCENT OF AREA MEDIAN INCOME.
3. USING FUNDS MADE AVAILABLE FROM THE BUCKS FOR BOILERS FUND AS SET
FORTH IN SECTION NINETY-NINE-SS OF THE STATE FINANCE LAW, THE AUTHORITY
SHALL SUBSIDIZE EACH RESIDENTIAL HOUSING BUILDING'S TRANSITION THROUGH
THE FOLLOWING HOUSEHOLD INCOME THRESHOLDS:
(A) LOW-TO-MODERATE INCOME HOUSEHOLDS WITH AN INCOME BELOW ONE HUNDRED
TWENTY PERCENT AREA MEDIAN INCOME SHALL RECEIVE ONE HUNDRED PERCENT OF
THE COST OF THE PROJECT;
(B) MEDIUM-INCOME HOUSEHOLDS WITH AN INCOME BETWEEN ONE HUNDRED TWENTY
PERCENT AND ONE HUNDRED EIGHTY PERCENT AREA MEDIUM INCOME SHALL RECEIVE
EIGHTY PERCENT OF THE COST OF THE PROJECT; AND
(C) HIGH-INCOME HOUSEHOLDS WITH AN INCOME OVER ONE HUNDRED EIGHTY
PERCENT OF AREA MEDIUM INCOME SHALL RECEIVE FIFTY PERCENT OF THE COST OF
THE PROJECT.
4. USING FUNDS MADE AVAILABLE FROM THE BUCKS FOR BOILERS FUND AS SET
FORTH IN SECTION NINETY-NINE-SS OF THE STATE FINANCE LAW, THE AUTHORITY
SHALL CREATE A PROGRAM TO PAY UP TO FIFTY THOUSAND DOLLARS PER UNIT FOR
ANY PRIVATELY OWNED RESIDENTIAL HOUSING FOR THE PROCUREMENT AND INSTAL-
LATION OF EQUIPMENT TO BE COMPLIANT WITH THE ENERGY EFFICIENCY STANDARDS
SET FORTH UNDER SECTION 11-104 OF THE ENERGY LAW, INCLUDING THE PROCURE-
MENT AND INSTALLATION OF NON-FOSSIL FUEL HEATING AND COOLING AND HOT
WATER SYSTEMS AND OTHER HIGH ENERGY EFFICIENCY SYSTEMS, INCLUDING ELEC-
TRICAL PANEL AND WIRING UPGRADES AND INDUCTION OR ELECTRIC STOVES, AS
WELL AS TO ENSURE THAT SUCH HOUSING IS IN A STATE OF GOOD REPAIR. FUNDS
FROM THE BUCKS FOR BOILERS FUND SHALL BE PROVIDED TO HOUSEHOLDS OR THEIR
CONTRACTORS IN ADVANCE OF THE COMMENCEMENT OF SUCH PROCUREMENT AND
INSTALLATION PROVIDED THAT THE AUTHORITY HAS REVIEWED AND APPROVED SUCH
PROJECTS.
5. USING FUNDS MADE AVAILABLE FROM THE BUCKS FOR BOILERS FUND AS SET
FORTH IN SECTION NINETY-NINE-SS OF THE STATE FINANCE LAW, THE AUTHORITY
SHALL SUBSIDIZE THE PROCUREMENT AND INSTALLATION OF EQUIPMENT TO BE
COMPLIANT WITH THE ENERGY EFFICIENCY STANDARDS SET FORTH UNDER SECTION
11-104 OF THE ENERGY LAW, INCLUDING THE PROCUREMENT AND INSTALLATION OF
NON-FOSSIL FUEL HEATING AND COOLING AND HOT WATER SYSTEMS AND OTHER HIGH
ENERGY EFFICIENCY SYSTEMS, FOR ALL PUBLIC HOUSING UNITS THROUGHOUT THE
STATE, AS WELL AS TO ENSURE THAT SUCH HOUSING IS IN A STATE OF GOOD
REPAIR.
6. USING FUNDS MADE AVAILABLE FROM THE BUCKS FOR BOILERS FUND AS SET
FORTH IN SECTION NINETY-NINE-SS OF THE STATE FINANCE LAW, THE AUTHORITY
SHALL ESTABLISH AFFORDABILITY PROGRAMS TO PAY ANY ADDITIONAL COSTS OF
UTILITY BILLS IN ORDER TO ENSURE THAT NO LOW-TO-MODERATE INCOME HOUSE-
HOLDS FACE A HIGHER COST FOR HEATING AND COOLING THAT MAY BE INCURRED AS
A RESULT OF CONVERSION TO ELECTRIC HEAT PUMPS AND/OR OTHER HIGH ENERGY
EFFICIENCY EQUIPMENT FOR HEATING AND COOLING. FOR THE PURPOSES OF THIS
SUBDIVISION "LOW-TO-MODERATE INCOME HOUSEHOLDS" SHALL MEAN HOUSEHOLDS
WITH ANNUAL INCOMES AT OR BELOW EIGHTY PERCENT OF THE AREA MEDIAN INCOME
OF THE COUNTY OR METRO AREA WHERE THEY RESIDE. THESE AFFORDABILITY
PROGRAMS SHALL ALSO ASSIST HOUSEHOLDS WITH ANNUAL INCOMES ABOVE EIGHTY
PERCENT OF THE AREA MEDIAN INCOME OF THE COUNTY OR METRO AREA TO HELP
S. 3476 3
DEFRAY ADDITIONAL COSTS BUT ONLY WHERE FUNDS ARE AVAILABLE AFTER PRIORI-
TIZATION OF HOUSEHOLDS WITH ANNUAL INCOMES AT OR BELOW EIGHTY PERCENT OF
THE AREA MEDIAN INCOME OF THE COUNTY OR METRO AREA WHERE THEY RESIDE,
AND WITH PRIORITIZATION WITH ANY SUCH FUNDS OR ASSISTANCE FOR COMPAR-
ATIVELY LOWER-INCOME OVER HIGHER-INCOME HOUSEHOLDS WITHIN THE DISTRIB-
UTION OF HOUSEHOLDS OVER EIGHTY PERCENT OF THE AREA MEDIAN INCOME OF THE
COUNTY OR METRO AREA WHERE THEY RESIDE.
7. THE AUTHORITY SHALL INCLUDE REQUIREMENTS THAT TO BE ELIGIBLE FOR
RECEIVING FUNDS UNDER THIS PROGRAM, BUILDING OWNERS:
(A) ARE PROHIBITED FOR A PERIOD OF FIVE YEARS FOLLOWING THE COMPLETION
OF WORK UNDER THIS PROGRAM FROM RENT INCREASES FOR TEMPORARY MAJOR CAPI-
TAL IMPROVEMENT AND INDIVIDUAL APARTMENT IMPROVEMENTS FOR BUILDINGS
UNDERTAKING ENERGY EFFICIENCY, BOILER, FURNACE, STOVE REPLACEMENTS,
ELECTRICAL PANEL, ELECTRICAL WIRING OR RELATED WORK STEMMING DIRECTLY
FROM THE BUILDING'S ADHERENCE TO REQUIREMENTS ENACTED PURSUANT TO THIS
SECTION; AND
(B) SHALL EXTEND THE LEASE OF TENANTS FOR NO LESS THAN FIVE YEARS
FOLLOWING THE COMPLETION OF WORK UNDER THIS PROGRAM.
8. (A) THE AUTHORITY SHALL PROMULGATE REQUIREMENTS FOR ELIGIBILITY TO
RECEIVE FUNDS UNDER THIS PROGRAM WHICH PROHIBIT BUILDINGS FROM INITIAT-
ING EVICTION PROCEEDINGS, FAIL TO RENEW A LEASE OR OTHERWISE SEEK TO
REMOVE A TENANT FROM HOUSING ACCOMMODATION, EXCEPT:
(I) IN SITUATIONS OF NON-PAYMENT OF RENT;
(II) WHERE THE TENANT IS VIOLATING A SUBSTANTIAL OBLIGATION OF THE
TENANCY AND HAS FAILED TO CURE SUCH VIOLATION WITHIN TEN DAYS;
(III) WHERE THE TENANT IS COMMITTING OR PERMITTING A NUISANCE IN THE
HOUSING ACCOMMODATION;
(IV) WHERE THE TENANT'S OCCUPANCY OR USE OR PERMITTED USE OF THE HOUS-
ING ACCOMMODATION IS IN VIOLATION OF THE LAW; OR
(V) WHERE THE TENANT HAS UNREASONABLY REFUSED THE LANDLORD'S ACCESS TO
THE HOUSING ACCOMMODATION FOR THE PURPOSE OF MAKING REPAIRS AND IMPROVE-
MENTS.
(B) A RENT INCREASE IS PRESUMED TO BE UNREASONABLE AND NOT A BASIS FOR
EVICTION IF IT EXCEEDS EITHER THREE PERCENT OF THE PREVIOUS RENTAL
AMOUNT OR ONE AND ONE-HALF TIMES THE ANNUAL PERCENTAGE CHANGE IN THE
CONSUMER PRICE INDEX FOR THE RELEVANT REGION, WHICHEVER IS HIGHER.
9. THE AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT OF CORRECTIONS
AND COMMUNITY SUPERVISION, SHALL INCLUDE REQUIREMENTS THAT TO BE ELIGI-
BLE FOR RECEIVING FUNDS OVER FIFTY THOUSAND DOLLARS UNDER THIS PROGRAM,
ALL WORK DONE IN THE PROCUREMENT AND INSTALLATION OF NON-FOSSIL FUEL
HEATING AND COOLING SYSTEMS ON STATE-OWNED PROPERTIES OR IN PROPERTIES
THAT RECEIVE SUBSIDIES FROM THE STATE SHALL, TO THE GREATEST EXTENT
POSSIBLE, PROVIDE TRAINING AND HIRING OF FORMERLY-INCARCERATED INDIVID-
UALS.
10. (A) NOTHING IN THIS PROGRAM SHALL ALTER THE RIGHTS OR BENEFITS,
PRIVILEGES, INCLUDING BUT NOT LIMITED TO TERMS AND CONDITIONS OF EMPLOY-
MENT, CIVIL SERVICE STATUS, AND COLLECTIVE BARGAINING UNIT MEMBERSHIP,
OF ANY CURRENT EMPLOYEES OF THE AUTHORITY.
(B) NOTHING IN THIS PROGRAM SHALL RESULT IN: (I) THE DISCHARGE,
DISPLACEMENT, OR LOSS OF POSITION, INCLUDING PARTIAL DISPLACEMENT SUCH
AS A REDUCTION IN HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOYMENT BENE-
FITS; (II) THE IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREEMENTS;
OR (III) THE TRANSFER OF EXISTING DUTIES AND FUNCTIONS.
11. THE AUTHORITY SHALL ENSURE THAT THE BUCKS FOR BOILERS PROGRAM DOES
NOT ENABLE LANDLORDS TO SHIFT ENERGY COSTS TO THEIR TENANTS BY REQUIRING
S. 3476 4
TENANTS TO PAY FOR HEATING COSTS AFTER ELECTRIFICATION WHERE SUCH LAND-
LORDS HAD BEEN PAYING TENANTS' HEATING COSTS PRIOR TO ELECTRIFICATION.
12. THE AUTHORITY SHALL ISSUE RELEVANT GUIDANCE FOR PROVIDING FUNDING
UNDER THIS PROGRAM, INCLUDING BUT NOT LIMITED TO GUIDANCE ON PROGRAMS
OFFERED BY THE AUTHORITY WHICH PROVIDE FUNDING TO ASSIST WITH COMPLIANCE
WITH CHANGES IN SUBDIVISIONS SEVEN AND EIGHT OF SECTION 11-104 OF THE
ENERGY LAW MADE BY THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FIVE
THAT ADDED THIS SECTION. THE AUTHORITY SHALL MAKE SUCH INFORMATION
AVAILABLE BY ENGAGING AND PAYING FOR LARGE-SCALE ADVERTISING, MAILINGS,
DOOR-TO-DOOR CANVASSING, COMMUNITY OUTREACH, PROGRAMMING IN SCHOOLS, AND
ANYTHING ELSE THE AUTHORITY DEEMS NECESSARY AND REASONABLE TO ENSURE THE
PUBLIC IS FULLY AWARE AND THAT A WIDE UNDERSTANDING THAT SUCH PROGRAMS
EXIST, INCLUDING RIGHTS AND RESPONSIBILITIES OF LANDLORDS AND TENANTS,
IS ACHIEVED IN THE PUBLIC IN ALL REGIONS AND DEMOGRAPHICS OF THE STATE.
13. USING FUNDS MADE AVAILABLE FROM THE BUCKS FOR BOILERS FUND AS SET
FORTH IN SECTION NINETY-NINE-SS OF THE STATE FINANCE LAW, THE AUTHORITY
SHALL ADMINISTER A PROGRAM TO PROVIDE GRANTS, LOANS OR OTHER SERVICES,
BASED ON STANDARDS AND GUIDELINES ESTABLISHED BY THE AUTHORITY, FOR THE
COSTS RELATED TO ENABLING FUEL-SWITCHING FOR RESIDENCES WITH PROPANE OR
FUEL-OIL HEATING SYSTEMS TO EFFICIENT ELECTRIC HEAT PUMPS, INCLUDING BUT
NOT LIMITED TO, CLEAN ENERGY MEASURES, ENERGY EFFICIENCY MEASURES, RESI-
LIENCY MEASURES, HEATING AND COOLING, HEALTH AND SAFETY, AND OTHER
RELATED ENERGY IMPROVEMENTS AND EXPENSES, AS WELL AS TO ENSURE SUCH
HOUSING IS IN A STATE OF GOOD REPAIR.
§ 3. Section 1854 of the public authorities law is amended by adding a
new subdivision 27 to read as follows:
27. ALL REVENUES GENERATED PURSUANT TO REGULATIONS OR ACTIONS TAKEN BY
THE DEPARTMENT OF PUBLIC SERVICE, THE AUTHORITY OR ANY OTHER STATE ENTI-
TY, PURSUANT TO SECTION EIGHTEEN HUNDRED EIGHTY-FIVE OF THIS TITLE,
SHALL BE PLACED INTO A SEGREGATED AUTHORITY FUNDING ACCOUNT, ESTABLISHED
PURSUANT TO SECTION EIGHTEEN HUNDRED SIXTY-A OF THIS TITLE, PRIOR TO
PROGRAMMATIC OR ADMINISTRATIVE ALLOCATION, AND SHALL NOT BE COMMINGLED
WITH OTHER AUTHORITY FUNDS. WITHIN THIRTY DAYS FOLLOWING RECEIPT OF
REVENUES GENERATED PURSUANT TO REGULATIONS OR ACTIONS PURSUANT TO
SECTION EIGHTEEN HUNDRED EIGHTY-FIVE OF THIS TITLE, THE AUTHORITY SHALL
TRANSFER FROM SUCH SEGREGATED AUTHORITY FUNDING ACCOUNT TO THE BUCKS FOR
BOILERS FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-SS OF THE STATE
FINANCE LAW.
§ 4. The state finance law is amended by adding a new section 99-ss to
read as follows:
§ 99-SS. BUCKS FOR BOILERS FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE STATE
COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE "BUCKS FOR BOILERS FUND".
2. (A) THE BUCKS FOR BOILERS FUND SHALL CONSIST OF MONEYS RECEIVED BY
THE STATE PURSUANT TO SUBDIVISION TWENTY-SEVEN OF SECTION EIGHTEEN
HUNDRED FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW, AND ALL OTHER MONEYS
APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR
SOURCE PURSUANT TO LAW INCLUDING THE ANNUAL DEPOSIT OF FOUR BILLION
DOLLARS BY THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY. MONEYS OF THE ACCOUNT SHALL BE EXPENDED FOR THE
PURPOSES OF PROVIDING UP-FRONT FINANCIAL ASSISTANCE TO RESIDENTIAL
BUILDING OWNERS AND RENTERS TO CONVERT THEIR EXISTING SPACE OR WATER
HEATING EQUIPMENT TO ENERGY EFFICIENT ZERO-EMISSIONS EQUIPMENT OR BUILD-
ING SYSTEMS AND ENERGY EFFICIENCY AND RESILIENCY MEASURES INCLUDING BUT
NOT LIMITED TO: (I) PURPOSES WHICH ARE CONSISTENT WITH THE SCOPING PLAN
PREPARED PURSUANT TO SECTION 75-0103 OF THE ENVIRONMENTAL CONSERVATION
S. 3476 5
LAW; (II) MEASURES WHICH PRIORITIZE SUCH CONVERSIONS AND MEASURES IN
DISADVANTAGED COMMUNITIES; (III) MEASURES WHICH PRIORITIZE RESIDENTIAL
BUILDINGS ON DELIVERED FUELS SUCH AS PROPANE AND HEATING OIL; (IV)
FINANCIAL ASSISTANCE FOR THE COST OF UPGRADING DILAPIDATED HOUSING TO A
STATE OF GOOD REPAIR; (V) REMOVAL OF FOSSIL FUEL COMBUSTION EQUIPMENT
AND BUILDING SYSTEMS; AND (VI) ADMINISTRATIVE AND IMPLEMENTATION COSTS,
PROGRAM DESIGN, AND OTHER ASSOCIATED COSTS.
(B) MONEYS OF SUCH ACCOUNT SHALL NOT BE EXPENDED FOR THE PURPOSES OF:
(I) PROVIDING FINANCIAL ASSISTANCE TO RESIDENTIAL BUILDING OWNERS OR
RENTERS TO CONVERT THEIR EXISTING SPACE OR WATER HEATING EQUIPMENT TO
ELECTRIC RESISTANCE OR BIOFUEL EQUIPMENT; (II) THE INSTALLATION OR
PURCHASE OF CARBON CAPTURE TECHNOLOGIES OR EQUIPMENT; OR (III) THE
INSTALLATION OR PURCHASE OF ENERGY EFFICIENT GAS BOILERS.
3. MONEYS IN THE BUCKS FOR BOILERS FUND SHALL BE KEPT SEPARATE FROM
AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE
COMPTROLLER OR THE COMMISSIONER OF TAXATION AND FINANCE. PROVIDED,
HOWEVER, THAT ANY MONEYS OF THE FUND NOT REQUIRED FOR IMMEDIATE USE MAY,
AT THE DISCRETION OF THE COMPTROLLER, IN CONSULTATION WITH THE DIRECTOR
OF THE DIVISION OF THE BUDGET, BE INVESTED BY THE COMPTROLLER IN OBLI-
GATIONS OF THE UNITED STATES OR OF THE STATE. THE PROCEEDS OF ANY SUCH
INVESTMENT SHALL BE RETAINED BY THE FUND AS ASSETS TO BE USED FOR
PURPOSES OF THE FUND.
§ 5. Subdivision 6 of section 11-104 of the energy law is amended by
adding a new paragraph (c) to read as follows:
(C) IN ADDITION TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, TO
SUPPORT THE GOAL OF ZERO ON-SITE GREENHOUSE GAS EMISSIONS AND HELP
ACHIEVE THE STATE'S CLEAN ENERGY AND CLIMATE AGENDA, INCLUDING BUT NOT
LIMITED TO GREENHOUSE GAS REDUCTION REQUIREMENTS SET FORTH WITHIN CHAP-
TER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, ALSO KNOWN AS
THE NEW YORK STATE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, THE
CODE SHALL PROHIBIT PROHIBITED EMISSIONS, IN ANY EXISTING BUILDING NOT
MORE THAN SEVEN STORIES IN HEIGHT, EXCEPT FOR EXISTING COMMERCIAL OR
INDUSTRIAL BUILDINGS GREATER THAN ONE HUNDRED THOUSAND SQUARE FEET IN
CONDITIONED FLOOR AREA, ON OR AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY-NINE, AND THE CODE SHALL PROHIBIT PROHIBITED EMISSIONS, IN ALL
EXISTING BUILDINGS AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY-
FOUR.
§ 6. Paragraph (b) of subdivision 7 of section 11-104 of the energy
law, as added by section 1 of part RR of chapter 56 of the laws of 2023,
is amended and a new paragraph (a-1) is added to read as follows:
(A-1) THE PROVISIONS SET FORTH IN PARAGRAPH (C) OF SUBDIVISION SIX OF
THIS SECTION SHALL NOT BE CONSTRUED AS PROHIBITING THE CONTINUED USE AND
MAINTENANCE OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS, INCLUDING AS
RELATED TO COOKING EQUIPMENT, INSTALLED PRIOR TO THE EFFECTIVE DATE OF
THE APPLICABLE PROHIBITION.
(b) In addition, in effectuating the provisions set forth in [para-
graph] PARAGRAPHS (b) AND (C) of subdivision six of this section the
code shall include exemptions for the purposes of allowing PROHIBITED
EMISSIONS AND the installation and use of fossil-fuel equipment and
building systems where such are installed and used:
(i) for generation of emergency back-up power and standby power
systems;
(ii) in a manufactured home as defined in subdivision seven of section
six hundred one of the executive law; or
(iii) in a building or part of a building that is used as a manufac-
turing facility, commercial food establishment, laboratory, car wash,
S. 3476 6
laundromat, hospital, other medical facility, critical infrastructure,
including but not limited to emergency management facilities, wastewater
treatment facilities, and water treatment and pumping facilities, agri-
cultural building, fuel cell system, or crematorium, as such terms are
defined by the code council.
§ 7. Subdivision 8 of section 11-104 of the energy law is amended by
adding a new paragraph (c) to read as follows:
(C) "PROHIBITED EMISSIONS" SHALL MEAN THE EMISSION OF TWENTY-FIVE
KILOGRAMS OR MORE OF CARBON DIOXIDE PER MILLION BRITISH THERMAL UNITS OF
ENERGY, AS DETERMINED BY THE UNITED STATES ENERGY INFORMATION ADMINIS-
TRATION, PROVIDED HOWEVER, THE EMISSION OF TWENTY-FIVE KILOGRAMS OR MORE
OF CARBON DIOXIDE PER MILLION BRITISH THERMAL UNITS OF ENERGY OR MORE
SHALL NOT MEAN "PROHIBITED EMISSIONS" WHERE SUCH EMISSIONS OCCUR IN
CONNECTION WITH A DEVICE THAT CONTAINS NO CONNECTION TO A BUILDING'S GAS
SUPPLY LINE OR FUEL OIL PIPING SYSTEM, IS USED ON AN INTERMITTENT BASIS,
AND IS NOT USED TO SUPPLY A BUILDING WITH HEAT OR HOT WATER.
§ 8. Paragraphs c and e of subdivision 19 of section 378 of the execu-
tive law, as added by section 3 of part RR of chapter 56 of the laws of
2023, are amended and two new paragraphs a-1 and b-1 are added to read
as follows:
A-1. TO SUPPORT THE GOAL OF ZERO ON-SITE GAS EMISSIONS AND HELP
ACHIEVE THE STATE'S CLEAN ENERGY AND CLIMATE AGENDA, INCLUDING BUT NOT
LIMITED TO GREENHOUSE GAS REDUCTION REQUIREMENTS SET FORTH WITHIN CHAP-
TER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, ALSO KNOWN AS
THE NEW YORK STATE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, THE
UNIFORM CODE SHALL PROHIBIT PROHIBITED EMISSIONS, IN ANY EXISTING BUILD-
ING NOT MORE THAN SEVEN STORIES IN HEIGHT, EXCEPT FOR EXISTING COMMER-
CIAL OR INDUSTRIAL BUILDINGS GREATER THAN ONE HUNDRED THOUSAND SQUARE
FEET IN CONDITIONED FLOOR AREA, ON OR AFTER DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-NINE, AND THE UNIFORM CODE SHALL PROHIBIT PROHIBITED
EMISSIONS, IN ALL EXISTING BUILDINGS ON OR AFTER DECEMBER THIRTY-FIRST,
TWO THOUSAND THIRTY-FOUR.
B-1. THE PROVISIONS SET FORTH IN PARAGRAPH A-1 OF THIS SUBDIVISION
SHALL NOT BE CONSTRUED AS PROHIBITING THE CONTINUED USE AND MAINTENANCE
OF FOSSIL-FUEL EQUIPMENT AND BUILDING SYSTEMS, INCLUDING AS RELATED TO
COOKING EQUIPMENT, INSTALLED PRIOR TO THE EFFECTIVE DATE OF THE APPLICA-
BLE PROHIBITION.
c. In addition, in effectuating the provisions set forth in [para-
graph] PARAGRAPHS a AND A-1 of this subdivision the code shall include
exemptions for the purposes of allowing PROHIBITED EMISSIONS AND the
installation and use of fossil-fuel equipment and building systems where
such systems are installed and used:
(i) for generation of emergency back-up power and standby power
systems;
(ii) in a manufactured home as defined in subdivision seven of section
six hundred one of [the executive law] THIS CHAPTER; or
(iii) in a building or part of a building that is used as a manufac-
turing facility, commercial food establishment, laboratory, car wash,
laundromat, hospital, other medical facility, critical infrastructure,
including but not limited to emergency management facilities, wastewater
treatment facilities, and water treatment and pumping facilities, agri-
cultural building, fuel cell system, or crematorium, as such terms are
defined by the code council.
e. Exemptions included in the uniform code pursuant to this subdivi-
sion shall be periodically reviewed by the code council to [assure]
ENSURE that they continue to effectuate the purposes of [paragraph]
S. 3476 7
PARAGRAPHS a AND A-1 of this subdivision and subparagraph three of para-
graph b of subdivision two of section three hundred seventy-one of this
article to the fullest extent feasible.
§ 9. Paragraph g of subdivision 19 of section 378 of the executive law
is amended by adding a new subparagraph (iii) to read as follows:
(III) "PROHIBITED EMISSIONS" SHALL MEAN THE EMISSION OF TWENTY-FIVE
KILOGRAMS OR MORE OF CARBON DIOXIDE PER MILLION BRITISH THERMAL UNITS OF
ENERGY, AS DETERMINED BY THE UNITED STATE ENERGY INFORMATION ADMINIS-
TRATION, PROVIDED HOWEVER, THE EMISSION OF TWENTY-FIVE KILOGRAMS OR MORE
OF CARBON DIOXIDE PER MILLION BRITISH THERMAL UNITS OF ENERGY OR MORE
SHALL NOT MEAN "PROHIBITED EMISSIONS" WHERE SUCH EMISSIONS OCCUR IN
CONNECTION WITH A DEVICE THAT CONTAINS NO CONNECTION TO A BUILDING'S GAS
SUPPLY LINE OR FUEL OIL PIPING SYSTEM, IS USED ON AN INTERMITTENT BASIS,
AND IS NOT USED TO SUPPLY A BUILDING WITH HEAT OR HOT WATER.
§ 10. Section 224-f of the labor law, as added by section 3 of part TT
of chapter 56 of the laws of 2023, is amended to read as follows:
§ 224-f. Wage requirements for certain climate risk-related and energy
transition projects AND BUCKS FOR BOILERS PROJECTS. 1. For purposes of
this section, a "covered climate risk-related and energy transition
project" means a construction project that receives at least one hundred
thousand dollars of funds from the New York climate action fund climate
investment account established pursuant to section ninety-nine-qq of the
state finance law AND A "COVERED BUCKS FOR BOILERS PROJECT" MEANS A
CONSTRUCTION PROJECT THAT RECEIVES AT LEAST ONE HUNDRED THOUSAND DOLLARS
OF FUNDS FROM THE BUCKS FOR BOILERS FUND ESTABLISHED PURSUANT TO SECTION
NINETY-NINE-SS OF THE STATE FINANCE LAW.
2. A covered climate risk-related and energy transition project AND A
COVERED BUCKS FOR BOILERS PROJECT shall be subject to prevailing wage
requirements in accordance with sections two hundred twenty, two hundred
twenty-a, two hundred twenty-b, two hundred twenty-i, two hundred twen-
ty-three, and two hundred twenty-four-b of this article, provided that a
covered climate risk-related and energy transition project AND A COVERED
BUCKS FOR BOILERS PROJECT may still otherwise be considered a covered
project pursuant to section two hundred twenty or two hundred twenty-
four-a of this article if it meets the definition therein.
3. For purposes of this section, a covered climate risk-related and
energy transition project AND A COVERED BUCKS FOR BOILERS PROJECT shall
exclude:
a. Privately owned construction work performed under a pre-hire
collective bargaining agreement between an owner or developer and a bona
fide building and construction trades labor organization which has
established itself, and/or its affiliates, as the collective bargaining
representative for all persons who will perform work on such a project,
and which provides that only contractors and subcontractors who sign a
pre-negotiated agreement with the labor organization can perform work on
such a project; or
b. Construction work on one- or two-family dwellings where the proper-
ty is the owner's primary residence, or construction work performed on
property where the owner of the property owns no more than four dwelling
units; or
c. Construction work performed on a multiple residence and/or ancil-
lary amenities or installations that is wholly privately owned in any of
the following circumstances:
(i) where no less than twenty-five percent of the residential units
are affordable and shall be retained subject to an anticipated regulato-
ry agreement with a local, state, or federal governmental entity, or a
S. 3476 8
not-for-profit entity with an anticipated formal agreement with a local,
state, or federal governmental entity for purposes of providing afforda-
ble housing in a given locality or region provided that the period of
affordability for a residential unit deemed affordable under the
provisions of this paragraph shall be for no less than fifteen years
from the date of construction; or
(ii) where no less than thirty-five percent of the residential units
involves the provision of supportive housing services for vulnerable
populations provided that such units are subject to an anticipated regu-
latory agreement with a local, state, or federal governmental entity.
4. As a condition of receiving funds from the New York climate action
fund climate investment account established pursuant to section ninety-
nine-qq of the state finance law for a covered climate risk-related and
energy transition project OR THE BUCKS FOR BOILERS FUND ESTABLISHED
PURSUANT TO SECTION NINETY-NINE-SS OF THE STATE FINANCE LAW FOR A
COVERED BUCKS FOR BOILERS PROJECT, the owner or developer of such
covered climate risk-related and energy transition project OR COVERED
BUCKS FOR BOILERS PROJECT, or a third party acting on such owner's or
developer's behalf, shall agree to enter into a labor peace agreement
with at least one bona fide labor organization either:
a. where such bona fide labor organization is actively representing
non-construction employees who will be working within the covered
climate risk-related and energy transition project OR COVERED BUCKS FOR
BOILERS PROJECT once built; or
b. upon notice by a bona fide labor organization that is attempting to
represent such non-construction employees.
5. For purposes of this section "labor peace agreement" means an
agreement between an owner and/or developer and labor organization that,
at a minimum, protects the state's proprietary interests by prohibiting
labor organizations and members from engaging in picketing, work stop-
pages, boycotts, and any other economic interference.
6. The owner or developer using funds from the New York climate action
fund climate investment account established pursuant to section ninety-
nine-qq of the state finance law for a covered climate risk-related and
energy transition project OR THE BUCKS FOR BOILERS FUND ESTABLISHED
PURSUANT TO SECTION NINETY-NINE-SS OF THE STATE FINANCE LAW FOR A
COVERED BUCKS FOR BOILERS PROJECT pursuant to this section shall:
a. require the use of apprenticeship agreements as defined by article
twenty-three of this chapter; or for industries without apprenticeship
programs, require the use of workforce training, preferably in conjunc-
tion with a bona fide labor organization; and
b. consider use of registered pre-apprenticeship direct entry programs
for the recruitment of local and/or disadvantaged workers.
7. For purposes of this section, the "fiscal officer" shall be deemed
to be the commissioner. The enforcement of any covered climate risk-re-
lated and energy transition project OR COVERED BUCKS FOR BOILERS PROJECT
under this section shall be subject to the requirements of sections two
hundred twenty, two hundred twenty-a, two hundred twenty-b, two hundred
twenty-i, two hundred twenty-three, two hundred twenty-four-b of this
article, and section two hundred twenty-seven of this chapter and within
the jurisdiction of the fiscal officer; provided, however, nothing
contained in this section shall be deemed to construe any covered
climate risk-related and energy transition project OR COVERED BUCKS FOR
BOILERS PROJECT as otherwise being considered public work pursuant to
this article.
S. 3476 9
8. The fiscal officer may issue rules and regulations governing the
provisions of this section. Violations of this section shall be grounds
for determinations and orders pursuant to section two hundred twenty-b
of this article.
9. For any building service work on a covered climate risk-related and
energy transition project OR COVERED BUCKS FOR BOILERS PROJECT, prevail-
ing wage shall be paid consistent with article nine of this chapter.
10. Any public entity receiving at least five million dollars in funds
from the New York climate action fund climate investment account estab-
lished pursuant to section ninety-nine-qq of the state finance law OR
THE BUCKS FOR BOILERS FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-
SS OF THE STATE FINANCE LAW for a project which involves the
construction, reconstruction, alteration, maintenance, moving, demoli-
tion, excavation, development or other improvement of any building,
structure or land, shall be subject to section two hundred twenty-two of
this article.
§ 11. Subdivision (a) of section 10-b of section 4 of chapter 576 of
the laws of 1974, constituting the emergency tenant protection act of
nineteen seventy-four, is amended by adding a new paragraph 14 to read
as follows:
14. (I) PROHIBIT TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES AND
INDIVIDUAL APARTMENT IMPROVEMENT INCREASES FOR BUILDINGS UNDERTAKING
ENERGY EFFICIENCY, BOILER, FURNACE, STOVE REPLACEMENTS, ELECTRICAL
PANEL, ELECTRICAL WIRING OR RELATED WORK PURSUANT TO THE BUCKS FOR BOIL-
ERS PROGRAM ESTABLISHED PURSUANT TO SECTION EIGHTEEN HUNDRED EIGHTY-FIVE
OF THE PUBLIC AUTHORITIES LAW; AND
(II) REQUIRE THE EXTENSION OF THE LEASE OF TENANTS FOR NO LESS THAN
FIVE YEARS FOLLOWING THE COMPLETION OF WORK UNDER SUCH PROGRAM.
§ 12. This act shall take effect immediately.
